{"title":"诚信作为一个法律概念","authors":"Sara C. Bronin","doi":"10.2139/SSRN.3776001","DOIUrl":null,"url":null,"abstract":"Abstract:Integrity—the ability of a resource to communicate its historic significance—is a physical concern for heritage conservation practitioners. But it is also a legal concept, integral to binding judgments that determine whether and how certain resources are protected. Focusing on US law, this essay articulates the contours of integrity both before and after a resource is designated historic. The essay begins by exploring scholarly critiques of the designation process, which requires resources to demonstrate integrity and which, as a result, tends to bar certain types of resources from designation. It then identifies integrity issues that arise in three post-designation legal contexts: laws imposing obligations on public actors, laws imposing obligations on private actors, and laws conferring benefits on private actors. In these laws, integrity is essential to the legal obligation itself, and it is treated as formally as it is during the designation process. The essay concludes that integrity, as a legal concept, may be more complicated, and more difficult to dislodge, than current scholarship suggests.","PeriodicalId":51982,"journal":{"name":"Change Over Time-An International Journal of Conservation and the Built Environment","volume":"120 1","pages":"108 - 121"},"PeriodicalIF":0.6000,"publicationDate":"2021-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Integrity as a Legal Concept\",\"authors\":\"Sara C. Bronin\",\"doi\":\"10.2139/SSRN.3776001\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract:Integrity—the ability of a resource to communicate its historic significance—is a physical concern for heritage conservation practitioners. But it is also a legal concept, integral to binding judgments that determine whether and how certain resources are protected. Focusing on US law, this essay articulates the contours of integrity both before and after a resource is designated historic. The essay begins by exploring scholarly critiques of the designation process, which requires resources to demonstrate integrity and which, as a result, tends to bar certain types of resources from designation. It then identifies integrity issues that arise in three post-designation legal contexts: laws imposing obligations on public actors, laws imposing obligations on private actors, and laws conferring benefits on private actors. In these laws, integrity is essential to the legal obligation itself, and it is treated as formally as it is during the designation process. The essay concludes that integrity, as a legal concept, may be more complicated, and more difficult to dislodge, than current scholarship suggests.\",\"PeriodicalId\":51982,\"journal\":{\"name\":\"Change Over Time-An International Journal of Conservation and the Built Environment\",\"volume\":\"120 1\",\"pages\":\"108 - 121\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2021-01-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Change Over Time-An International Journal of Conservation and the Built Environment\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.3776001\",\"RegionNum\":4,\"RegionCategory\":\"艺术学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"ARCHITECTURE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Change Over Time-An International Journal of Conservation and the Built Environment","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.3776001","RegionNum":4,"RegionCategory":"艺术学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"ARCHITECTURE","Score":null,"Total":0}
Abstract:Integrity—the ability of a resource to communicate its historic significance—is a physical concern for heritage conservation practitioners. But it is also a legal concept, integral to binding judgments that determine whether and how certain resources are protected. Focusing on US law, this essay articulates the contours of integrity both before and after a resource is designated historic. The essay begins by exploring scholarly critiques of the designation process, which requires resources to demonstrate integrity and which, as a result, tends to bar certain types of resources from designation. It then identifies integrity issues that arise in three post-designation legal contexts: laws imposing obligations on public actors, laws imposing obligations on private actors, and laws conferring benefits on private actors. In these laws, integrity is essential to the legal obligation itself, and it is treated as formally as it is during the designation process. The essay concludes that integrity, as a legal concept, may be more complicated, and more difficult to dislodge, than current scholarship suggests.
期刊介绍:
Change Over Time is a semiannual journal publishing original, peer-reviewed research papers and review articles on the history, theory, and praxis of conservation and the built environment. Each issue is dedicated to a particular theme as a method to promote critical discourse on contemporary conservation issues from multiple perspectives both within the field and across disciplines. Themes will be examined at all scales, from the global and regional to the microscopic and material. Past issues have addressed topics such as repair, adaptation, nostalgia, and interpretation and display.